State Ex Rel. Squire v. Pejsa

Section 11663-1, General Code, in its present form, became operative in August of 1939 and states in terms that it “shall apply to all actions and proceedings pending and all judgments existing at the effective date thereof.” Such statute was held constitutional in the case of Montalto v. Yeckley, 138 Ohio St., 314, 34 N. E. (2d), 765. See, also, Lash, Admx., v. Mann, 141 Ohio St., 577, 49 N. E. (2d), 689.

It is at once apparent that the controlling question before us is the applicability of Section 11663-1, General Code, to the facts of this case.

So much of the statute as is pertinent to the…